What is the test for de novo review in a motion for acquittal based on sufficiency of the evidence?

MultiRegion, United States of America

The following excerpt is from United States v. Ubaldo, 859 F.3d 690 (9th Cir. 2017):

We apply de novo review to a district court's decision denying a motion for acquittal based on sufficiency of the evidence. See United States v. Gonzalez , 528 F.3d 1207, 1211 (9th Cir. 2008). "There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Id. (citation omitted).

We also apply de novo review when reviewing a district court's decision regarding the extraterritorial reach of a statute. See United States v. Clark , 435 F.3d 1100, 1106 (9th Cir. 2006).

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